It’s been relatively quiet in the Western District of Washington over the past couple weeks, as Motorola and Microsoft move forward toward an August jury trial on Microsoft’s RAND-based breach of contract claims. But according to a minute order filed by the court this past Tuesday, this week the parties raised two separate disputes for expedited court resolution:

Microsoft is requesting that Judge Robart release the $100 million bond that he previously ordered Microsoft to post in connection with his imposition of a preliminary injunction preventing Motorola from enforcing standard-essential patent-related injunctions in Germany. Microsoft claims that it has tendered the amount it would owe under Judge Robart’s RAND-setting opinion for past damages to Motorola, and that its total payments could never come anywhere near the $100M bond amount. Thus, Microsoft argues that the bond is no longer necessary to secure Microsoft’s payment of RAND royalties.

The issue raised by Motorola is one we have heard about before — Microsoft’s claim for RAND breach-related damages based on Microsoft moving its European distribution center from Germany to The Netherlands. Motorola claims that it has been attempting to take discovery regarding the decision-making process surrounding the distribution center move, but that Microsoft’s corporate witnesses have been ill-prepared to testify (or have asserted privilege). According to Motorola, Microsoft has refused to present additional witnesses. Motorola wants the court to compel Microsoft to produce a prepared corporate designee for a deposition, or alternatively preclude Microsoft from advancing its damages theory at trial.

Judge Robart directed the parties to file opening briefs by June 18, responsive briefs by June 20 (today), and reply briefs by June 24. He also scheduled a telephone conference for June 25 at 3pm to hear the parties’ arguments.

We’ll provide a summary later today or tomorrow addressing the arguments set out in Microsoft’s and Motorola’s respective opening and responsive briefs. But if you can’t wait for that, you can take download the parties’ opening briefs from the links below.

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David W. Long founded Essential Patent LLC (http://essentialpatent.net) to focus on patent law and related hi-tech intellectual property issues, including standard essential patents, licensing negotiations, mediation and other legal services. David has over twenty-five years of telecommunications experience, including over twenty years litigating complex patent cases in federal district and appellate courts. Read More

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The Essential Patent LLC intellectual property law firm welcomes you to the Essential Patent Blog! This blog was started in response to increased interest and litigation surrounding standard-essential patents (SEPs). Historically, most SEP issues were relegated to theoretical discussions in academic literature or conference presentations. But that’s changing.